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Debt lawsuit: Defense - notice of assignment

West Palm Beach, FL |
Filed under: Sued for debt

This question deals specifically with a debt collection lawsuit. Tomorrow morning I go before the court because i am trying to get my case dismissed. My argument will be that according to Florida Statute 559.715 - a debt collector MUST give notice of assignment within 30 days from the date it was assigned the rights to collect the debt. The debt collector attached both a bill of sale and a copy of the notice of assignment to the complaint. The notice of assignment was not mailed until 41 days after the debt collector was assigned the rights to the debt. So it was eleven days late. Blogs say that courts are to enforce the statute strictly. Is this true? Do I have a good chance in winning tomorrow. What arguments could the other side say? Thanks

Attorney Answers 2

  1. Best answer

    If you don't mind, please let me know how it turns out. My office is in WPB and I have preached Section 559.715 Florida Statutes as an affirmative defense, but since most cases typically settle it has never been the crux of a decision. The problem with 559.715 is that there is no sanction to be imposed if there is a violation. 559.72 violations are specifically referred to in 559.77, which deals with civil remedies. 559.77 makes no reference whatsoever to 559.715.

    I do not read 559.715 the way you do. The statute says notice must be provided as soon as possible after the assignment but in no event less than 30 days prior to suit to collect the debt. Your question does not mention the date the law suit was filed.

    So, since I practice in your area, I would very much like to know the outcome and who your judge was.

    I hope you found this response to be of assistance. This response shall not be considered the rendering of legal advise but instead a general response to a general question. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied. This response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.

  2. You should ask the court to adjourn your hearing so you can hire counsel. Then do so.